Brazos River Authority v. City of Graham

I respectfully dissent.

Brazos presents three related points, which, if sustained would settle this lawsuit in favor of Brazos. The substance of these points is that the City of Graham, as a riparian landowner, has no vested right to have the water flow by its land with undiminished speed; that the Brazos River Authority is not liable for consequential damages where such damage was caused solely by using the bed and banks of the Brazos River for the storage and flow of water under the statutory direction of the State; and that the city, as the owner of land bordering a navigable stream holds…